At the PTAB Blog

At the PTAB Blog

Predictably, a Funny Thing Happened on the Way to the PTAB FWD - Part 1: Merck Overcomes Inherent Anticipation Challenge at the PTAB Predictably, a Funny Thing Happened on the Way to the PTAB FWD - Part 1: Merck Overcomes Inherent Anticipation Challenge at the PTAB

At the PTAB Blog

10-Year Anniversary of the AIA at the PTAB―Not Your Grandparents’ U.S. Patent Law 10-Year Anniversary of the AIA at the PTAB―Not Your Grandparents’ U.S. Patent Law

At the PTAB Blog

Part II: The Current State of Precedential Opinions and Denials of Institution at the USPTO Patent Trial and Appeal Board – Advanced Bionics and Section 325(d) Discretionary Denials Part II: The Current State of Precedential Opinions and Denials of Institution at the USPTO Patent Trial and Appeal Board – Advanced Bionics and Section 325(d) Discretionary Denials

At the PTAB Blog

PTAB Challenges to Orange Book-Listed and Biologic Patents PTAB Challenges to Orange Book-Listed and Biologic Patents

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Institution Denied for Failure to Prevail on Indefiniteness and/or Obviousness Institution Denied for Failure to Prevail on Indefiniteness and/or Obviousness

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IPR, CBM, and PGR Statistics for Final Written Decisions Issued in June and July 2021 IPR, CBM, and PGR Statistics for Final Written Decisions Issued in June and July 2021

At the PTAB Blog

PTAB Grants Institution on Rehearing—Incorporation by Reference Saves the Day PTAB Grants Institution on Rehearing—Incorporation by Reference Saves the Day

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CAFC Clarifies Proving “Nexus” for Objective Indicia in a Design Patent Case CAFC Clarifies Proving “Nexus” for Objective Indicia in a Design Patent Case

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Intrinsic Evidence Seals the Deal for Seabed

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The Creative POSITA The Creative POSITA

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Delaware Court Applies “Skilled Researcher Conducting a Diligent Search” Standard in Finding Estoppel Under § 315(e)(2) Delaware Court Applies “Skilled Researcher Conducting a Diligent Search” Standard in Finding Estoppel Under § 315(e)(2)

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Federal Circuit Vacates PTAB Decisions Because the PTAB Failed to Provide Patent Owner Notice and Opportunity to Respond to Its Sua Sponte Claim Construction Federal Circuit Vacates PTAB Decisions Because the PTAB Failed to Provide Patent Owner Notice and Opportunity to Respond to Its Sua Sponte Claim Construction

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Parties May Offer Differing Claim Constructions Before the PTAB and District Court Without Invoking Judicial Estoppel, District Court Finds

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After Arthrex, USPTO Creates Interim Director Review Process

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IPR, CBM, and PGR Statistics for Final Written Decisions Issued in April and May 2021 IPR, CBM, and PGR Statistics for Final Written Decisions Issued in April and May 2021

At the PTAB Blog

Double-Check the Prior Art and Validate the Math: Lessons from Apple Inc. v. Corephotonics, Ltd.

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Supreme Court Requires USPTO Director Discretion to Review PTAB Decisions Supreme Court Requires USPTO Director Discretion to Review PTAB Decisions

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Speak Now or Forever Hold Your Peace - Avoiding Future Estoppel Challenges Speak Now or Forever Hold Your Peace - Avoiding Future Estoppel Challenges

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How to Get “Boxed-In” and Blow a Judgment You Received: Sleeping in the Bed You Made How to Get “Boxed-In” and Blow a Judgment You Received: Sleeping in the Bed You Made

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10X Genomics Inc. v. Bio-Rad Labs., Inc.: PTAB Reiterates Patent Owner’s Obligation to Notify Board of Reexamination and Reissue 10X Genomics Inc. v. Bio-Rad Labs., Inc.: PTAB Reiterates Patent Owner’s Obligation to Notify Board of Reexamination and Reissue

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Particularity in Petitions Produces Positive Post-Grant Review Proceedings Particularity in Petitions Produces Positive Post-Grant Review Proceedings

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Federal Circuit PTAB Appeal Statistics Through April 30, 2021 Federal Circuit PTAB Appeal Statistics Through April 30, 2021

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IPR and CBM Statistics for Final Written Decisions Issued in February and March 2021 IPR and CBM Statistics for Final Written Decisions Issued in February and March 2021

At the PTAB Blog

The Current State of Precedential Opinions and Denials of Institution at the USPTO Patent Trial and Appeal Board: Part 1 The Current State of Precedential Opinions and Denials of Institution at the USPTO Patent Trial and Appeal Board: Part 1

At the PTAB Blog

A Case Where Non-Enabled Art Failed to Establish Obviousness A Case Where Non-Enabled Art Failed to Establish Obviousness